Royal Events Inc– ALTITUDE TRAMPOLINE PARK
PARTICIPANT AGREEMENT
WAIVER, RELEASE AND ASSUMPTION OF RISK
PARTICIPATION IN TRAMPOLINE COURT AND PARK ACTIVITIES ENTAILS KNOWN, ANTICIPATED AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, DEATH OR DAMAGE TO YOUR SELF AND/OR TO OTHERS. RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, SLIPPING AND FALLING, LANDING IMPROPERLY, COLLISIONS WITH FIXED OBJECTS, MOVING OBJECTS AND/OR OTHER PEOPLE WHICH MAY RESULT IN SPRAINS, FRACTURES, BREAKS, SCRAPES, BRUISES, DISLOCATIONS AND INJURIES TO HEAD, BACK AND NECK. By providing my initials above, I acknowledge my understanding and agreement to the foregoing terms In consideration of the services provided by Royal Events, Inc., a Alabama limited liability company, who is the owner and operator of ALTITUDE TRAMPOLINE PARK (the "Park") and my desire to spectate and/or participate in the activities and services provided by Royal Events, Inc. at the Park today and in the future (Royal Events, Inc and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter known as "Royal Events"):
PARTICIPANT RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING.
I, the undersigned individual, desire to participate in all activities (the “Activity”) and otherwise use the equipment and facilities offered by Royal Events/ Altitude Trampoline Park (the “Company”). As consideration for the Company permitting me to participate in the Activity and use its equipment and facilities, I, on behalf of myself and my spouse, children, parents, heirs, assigns, personal representatives, and estate (collectively, “I”), agree to release, discharge, indemnify, defend, and hold harmless the Company and each of their respective agents, affiliates, owners, officers, members, participants, employees, landlords, and all persons or entities acting in any capacity on their behalf (collectively, “Releasees”), as follows:
I AGREE
ACKNOWLEDGMENTS: I acknowledge and certify: (i) I am at least 18 years old, do not have any medical or physical condition(s) that would preclude me from participating in the Activity, and am not intoxicated; (ii) I have read or otherwise been apprised of, and agree to comply with, all rules relating to my participation in the Activity, as well as any instructions from the Activity operator(s); and (iii) I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activity, or else I agree to bear the costs of such injury or damage myself. (iiii) I understand and agree that I MUST wear only ALTITUDE APPROVED ie ALTITUDE BRANDED & VERIFIED SAFETY GRIP SOCKS. I understand the safety socks MUST be ALTITUDE SOCKS & I may not enter any jump or play areas with any other socks including my personal socks or any other trampoline park, or safety grip socks...
I AGREE
ASSUMPTION OF THE RISKS: I acknowledge and understand that participating in the Activity inherently entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to me, to property, or to third parties, including risks related to the negligence or fault of any Releasee. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity. The risks include, among other things, which could result in musculoskeletal injuries including head, neck, and back injuries, paralysis, or even death. MY PARTICIPATION IN THE ACTIVITY IS VOLUNTARY AND I ELECT TO PARTICIPATE DESPITE THE RISKS.
I AGREE
RELEASE OF LIABILITY AND INDEMNIFICATION: I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS, EXPENSES, CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT I OR ANY THIRD PARTY MAY HAVE OR THAT MAY BE BROUGHT AGAINST ANY OF THE RELEASEES AS A RESULT OF ANY INJURY OR DAMAGE TO MY PERSON OR PROPERTY OR WHICH ARE IN ANY WAY CONNECTED WITH MY PARTICIPATING IN THE ACTIVITY OR MY USE OF THE COMPANY’S EQUIPMENT OR FACILITIES, INCLUDING ANY CLAIMS BASED ON ANY NEGLIGENCE OR FAULT OF ANY RELEASEE, INVASION OF RIGHTS OF PRIVACY, VIOLATION OF RIGHT OF PUBLICITY, DEFAMATION, OR APPROPRIATION. WITHOUT LIMITING THE FOREGOING, I COVENANT AND AGREE TO WAIVE ANY CLAIM AND NOT TO INSTITUTE LEGAL PROCEEDINGS AGAINST ANY RELEASEE FOR ANY OF THE CLAIMS RELEASED IN THIS AGREEMENT.
I AGREE
USE OF LIKENESS. I understand that during the Activity and while I am otherwise using the Company’s equipment and facilities I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity and privacy and pre-approval that I have for any such likeness of me or use of my name and/or voice in connection with such likeness, and I grant to the Company and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
I AGREE
ARBITRATION OF DISPUTES; WAIVER OF JURY TRIAL; TIME LIMIT TO BRING CLAIM; AND CHOICE OF LAW: The parties agree that ANY AND ALL DISPUTES ARISING OUT OF THE ACTIVITY, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN [INSERT JURISDICTION] BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMES PURSUANT TO ITS RULE 16.1 EXPEDITED RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This agreement shall be governed by and construed under the laws of [INSERT JURISDICTION], without regard to conflicts of law provisions. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rule & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.
I AGREE
SEVERABILITY. The parties understand and agree that this agreement is intended to be as broad and inclusive as is permitted by applicable law, and that if any portion of this agreement is found to be void, invalid, or unenforceable, the remaining portions shall remain in full force and effect.
By providing my initials above, I acknowledge my understanding and agreement to the foregoing terms
I AGREE that any legal proceeding shall be filed solely in the County of Shelby County, Alabama and I further agree that the substantive law of Alabama shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Park Owner on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I understand and agree that: (i) that this Waiver, Release and Assumption of Risk gives up important legal rights; (ii) I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iii) the signature below is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.
PARTICIPANT: I represent that I am Eighteen (18) years of age or older
If the Participant is not 18 years of age or older, then the following Parent or Guardian Consent must be read and signed before the Participant is allowed to use the Park and its facilities.
